General Negligence

To understand California personal injury law requires a brief explanation of torts and California tort law. Torts are civil lawsuits, as opposed to criminal legal proceedings where fines and/or jail time may be imposed. In California personal injury tort claims, only monetary financial compensation is awarded to a California personal injury plaintiff. The 3 categories of California torts are intentional torts, negligent torts and strict liability. An intentional tort, as the name implies, occurs when the defendant tortfeasor (wrongdoer) intentionally causes personal injury or harm to the injured victim plaintiff. A negligent tort occurs when the defendant’s actions, or lack of care, are unreasonably unsafe, and the plaintiff suffers personal injuries as a result of such negligence. Strict liability in California imposes liability by statute. For example, if you own a dog, and that dog bites someone in California, you are liable for the damage from the dog bite or dog attack, regardless of whether you knew the dog was dangerous or not. By law, you are strictly liable for the dog’s bite. Period.

Most of the California PI cases that our California personal injury attorneys handle arenegligence injury accident cases, occurring as a result of the reckless, negligent, or unintentional careless conduct of someone such as in California car accidents, traffic collisions, premises liability accidents, accident due to dangerous or hazardous property conditions, slip and fall accidents, machine accidents, dog bites and dog attacks in California. Most of the California personal injury claims we handle are covered by California homeowners’ liability insurance or California auto insurance or California underinsured or uninsured motorist insurance policies. The California wrongful death cases that our California Personal Injury lawyers handle are usually as the result of someone’s negligence. California negligent death or accidental death cases are certainly more common than intentionally caused death. ( murder, homicide, manslaughter) In the California civil courts it is possible for the victim’s heirs to sue the perpetrator of an intentional wrongful death for monetary damages and losses, while the California district attorney prosecutes the defendant in criminal court. (Remember OJ?)

Be sure to consult with a California personal injury lawyer to explain what are you entitled to when you prevail in a California personal injury claim or California personal injury accident lawsuit.

Compensatory damages in California, as the name implies, are awarded to compensate the PI plaintiff for all out of pocket (economic damages) which include property damage, lost wages, loss of future earning capacity, medical care, medical prescriptions and equipment, etc. One may also be compensated for physical pain and suffering (non economic damage) as well as mental anguish, grief, depression, disfigurement, loss of consortium.

In California, punitive damages may be awarded in a California personal injury law suit, in addition, to punish the defendant wrongdoer, and to deter others from behaving in an equivalent unreasonable, unsafe manner which may cause identical personal injury to others.

CALIFORNIA PERSONAL INJURY LAWS AND CALIFORNIA WORKERS COMPENSATION LAWS AND BENEFITS: Both MAY apply to a California work related or job injury accident

Under California Workmans Compensation laws, the Applicant (injured worker) is not entitled to be compensated for pain and suffering. However, other benefits apply. California injured workers are entitled to all reasonable medical treatment for a work related injury, temporary disability checks equal to 2/3 of their pay while disabled from working, a permanent disability award for any permanent residuals or work restrictions from the industrial accident, and vocational rehabilitation, if the injured employee can not return to the same job duties.

Please note, if the injury accident happened on the job, yet was due to the negligence of someone outside your company, then you may have a California personal injury claim as well as a California Workers comp case. This is called a California third party liability claim. Such third party liability personal injury claims in California often arise due to the negligent or defective manufacture of machines or defective work related materials or equipment. Such cases are prosecuted under California product liability theory, for defective design or manufacture of products. California Workers comp laws and California personal injury laws, (California products liability statutes) both apply in such instances. Please ask a California products liability lawyer in our California personal injury attorneys law firm about the specifics of your Work Comp PI case.

Please contact a California Personal Injury attorney or California Workmans comp lawyer in our accident injury law firm to discuss and analyze the specific details of your case. Every accident is different and every work injury and PI case is unique. Our California personal injury attorneys and California Workmens Comp lawyers are here to guide you. Call a California personal injury lawyer for FREE CONSULTATION! A California personal injury attorney is on call 7 days a week!